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(영문) 울산지방법원 2013.12.12 2013고단3368
특수절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 4, 2013, at around 00:30 on July 4, 2013, the Defendant discovered that a bicycle equal to KRW 500,000,000 is installed in the victim E-owned parking lot of Ulsan-gu D apartment 114, Ulsan-gu, U.S., and, while viewing the network from the side, C cut off the locked in advance, and led one bicycle.

At around 01:20 on the same day, the Defendant found that, in collaboration with C, F apartment 1, 1001, F apartment 1,000, the victim G was installed at the market price of KRW 9.80,000,00, and while considering the network from side, C cut off the cut locked which he had in advance, and led one bicycle.

Accordingly, the defendant stolen the victims' property two times together with C.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and G;

1. Application of Acts and subordinate statutes to CCTV data photographs at the damaged site;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do119, Jan. 1, 201>

1. Six months of imprisonment to be suspended;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence is that the defendant merely sees the network, while C commits a principal offense by stealing his bicycle.

However, the principal offender sent to the Juvenile Department and considered equity, and the defendant is currently a high school student of 3 years who is currently attending alternative schools and committed the crime of suspension of indictment before the crime of this case while being divided into three years in depth. In the future, volunteer activities will be conducted in the future (see, e.g., written applications for coal of the principal of the alternative school and materials for volunteer activities at the H hospital). If the principal offender does not go together with C, he/she seems to have lived with the principal of the alternative school, he/she will be forced to lead a correct life without being neglected to the crime.

Taking into account these points, only once more.

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